State of Utah v. Kooyman

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Michael Anthony Kooyman,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020707-CA

F I L E D
October 24, 2002 2002 UT App 355 -----

Third District, Salt Lake Department
The Honorable Timothy R. Hanson

Attorneys:
James C. Bradshaw, Salt Lake City, for Appellant
Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee -----

Before Judges Jackson, Billings, and Thorne.

PER CURIAM:

This case is before the court on Kooyman's motion to stay the appellate proceedings until the trial court enters a ruling on the pending motion for a new trial. In response, the State filed a motion to dismiss for lack of jurisdiction because under rule 4(b) of the Utah Rules of Appellate Procedure, a timely motion for a new trial tolls the time to file a notice of appeal.

Rule 4(b) of the Utah Rules of Appellate Procedure provides, if a timely motion under the Utah Rules of Criminal Procedure is filed in the trial court under Rule 24 for a new trial, the time for appeal for all parties shall run from the entry of the order denying a new trial. A notice of appeal filed before the disposition of any of the above motions shall have no effect. A new notice of appeal must be filed within the prescribed time measured from the entry of the order of the trial court disposing of the motion as provided above. Both parties agree that Kooyman timely filed a motion for a new trial in the district court. Kooyman further concedes that he filed the notice of appeal prematurely in this case.

Accordingly, we deny Kooyman's motion to stay the appellate proceedings and grant the State's motion to dismiss for lack of jurisdiction. The dismissal is without prejudice to filing a new, timely notice of appeal after the trial court enters a ruling on the pending motion for a new trial.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

______________________________
William A. Thorne Jr., Judge